The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1887-04-28

dict is telonlOus killing, is the &C.
cused put in jail ? Very rarely. Ifhe
is man of any position or family
Influence the sheriff, the prisoner and
his attorney start off in hot haste to
a Circuit or Supreme Judge, and in
ninety-nine cases out of hundred
the prisoner comes back with an
order for bail in his pocket. Bail is
guaranteed by the Constitution and
laws Of the State, and is undoubtedly
just in certain cases; but the prac-
tice Of admittingsevery man to bail
who applies for it is one of the great
est curses that we labor under to-day.
There would be fewer homicides. if
people knew that when they took hu.
man life they would, at least, have
to stay in Jail until they were tried.
But there is another objection to it.
The motion for bail is heard on aft
davits; no proper development Of
the case can be had, and if the Judge
grants bail. that is the end Of con-
victing the man Of murder, no matter
how heinous the crime is proved to
be. The Judge has pre- judged the
case by granting bail. 1t can't be
murder, or he would not have baiied
him. and he is entitled to every rea,
sonable doubt.
"At last he is called for trial, and
continues his case at his own sweet
will and pleasure. Who would think
of forcing a man to trial when life is
at stake? II it suits his convenience
and the jury is satisfactory, ne goes
to trial. He lays traps all along to
catch the Judge in order to get a
new trial if he should happen to be
convicted. The State is not allowed
to appeal, no matter how fragrant a
mistake is made against her in any
point Of law. II, however, the ac
cused is convicted, notice Of appeal
is at once given and the sentence is
suspended by orations Of law, no
matter how tri1ing the appeal may
be, from six to fifteen months. Here
is your punishment swift and sure
If the Judge has made the slightest
error, no matter whether the prisoner
is actually injured thereby or not, in
fuvorena oitce, a new trial is granted.
When it. comes, the Witnesses for the
prosecution are probably scattered to
the four. winds of Heaven, and the
criminal goes unwhipt of justice.
But suppose the accused man is
finally convicted? What is his pun,
ishment? If he had stolen a pig,
worth dollar, or a dozen ears Of
corn from the field, he would 60 to
the Penitentiary for a year. If he
had broken into dwelling house at
night and stolen a suit Of clothes, he
would go for ten years. But, if he
had killed a man and been found
guilty of manslaughter, he would go
for from, say, two to FIVE years.
Property is valuable; human life is
cheap! Offences against the one
must be so severely punished as to
discourage it; the other is not so
serious q matter.
IF, however, the last Legal ditch is
crossed, the sentence is pronounced
and the judgment affirmed, the mat.
ter is not yet settled. Application
is then made to the Governor, and if
the offence is only that of killing OF
wounding a man we find numerous
ly signed petition Of prominent citi'
zens and officers asking a pardon.
Without setting forth any matters OF
investigation or other reason, Of diff
ferent facts from those passed upon
by a Judge and jury, the signers
bluntly ask for a pardon and very
frequently get it.
"Now, is it any wonder that, when
a peculiarly wanton or heinous Of
fence is committed, the people Of 8
community should be distrustful Of
the law and should rise in their wrath
and make the punishment swift and
sure? Lynch law is not only most
reprehensible, but most dangerou:
and degrading. 1t ought, beyond
the shadow Of doubt, 10 be prevent
cd. A surer way Of preventing its
recurrence, however, is not by abus
ing those who engage in it,. but by
the-proper cnactments and enforce
nents of the law. Give the people
assurance that crime will be punished
and human life protected. then yor
will have the only safeguard egains
lyncbing.
The people who do the lynchine
are not the ones who are responsible
for the shortcomings of tie law. The
responsible parties are the infu